Tables turned for false castle doctrine claimant

Updated 8:59 am, Wednesday, February 20, 2013

Initially, Texas' castle doctrine worked in Judy Maldonado's favor after she called 911 from her West Side home to report that she'd just shot one of two intruders.

But the then-17-year-old “intruder” who was arrested in the hospital, while being treated for shotgun wounds to her arm and gut, turned out to be the victim, prosecutors suggested Tuesday as Maldonado, 62, and her son appeared in court as defendants.

Charges against Tracy Nicole Briones and her cousin were dropped in May 2011, after it was determined that Maldonado and son Ricardo Guzman, 34, had broken the window to their home themselves — after the shooting.

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Briones' cousin had dated Guzman for years and both had been invited to the house the night of the March 2011 shooting, police determined during the follow-up investigation.

Maldonado pleaded no contest to aggravated assault in September in exchange for prosecutors agreeing to ask for a sentence of no more than 12 years in prison. Her son took a similar plea in August for a maximum sentence of eight years.

State District Judge Ron Rangel began hearing punishment testimony for the duo Tuesday and is expected to make a decision when the hearing resumes Friday. For both cases, he will be able to take into consideration that they both also were charged with tampering with evidence.

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During testimony Tuesday, Briones said she became a target of aggression after she tried to step in the middle of a fight in which Guzman was hitting and choking her cousin.

“I was trying to pull him off. I stopped because Judy hit me on the head (with the shotgun) four or five times,” Briones told the judge. “I looked up and Judy had the gun right at me. ... It was very warm on my stomach and my ears were ringing. Nobody tried to help me.”

Maldonado and her son have both requested deferred adjudication probation.